The Verkhovna Rada of Ukraine voted in favor of the Law “On Protection of the Constitutional Order in the Field of Religious Organizations,” which bans the Russian Church in Ukraine, as well as any ties of Ukrainian religious organizations with the Russian Orthodox Church. The document was supported by 265 MPs. We asked parliamentarians and experts about the practical implications of the law, and we will discuss them below. 

First, we note that the preamble of the document refers to the relevant provisions of the Constitution and the European Convention on Human Rights, which provide for the rights to freedom of conscience, religion and association and the possibility of limiting the relevant rights by law in the interests of public or national security, protection of the rights and freedoms of others. 

The law states that the Russian Orthodox Church’s support for Russia’s armed aggression against Ukraine and numerous illegal actions by the ROC and its subordinate religious organizations in Ukraine pose a threat to public and national security, as well as to the rights and freedoms of Ukrainian citizens. It is specifically stated that “nothing in this Law may be interpreted as restricting the freedom of religion or belief, the right to observe religious practice and rituals.” 

The law prohibits the activities of religious organizations of the aggressor state that directly or indirectly support armed aggression against Ukraine. Yevhenia Kravchuk from the Servant of the People faction assures: “We de-facto say: The Russian Orthodox Church as a foreign religious organization is banned in Ukraine, and any connection with it is also prohibited. That is, subordination, affiliation, etc. In order to terminate the activities of a Ukrainian religious organization that is affiliated with the Russian Orthodox Church and associated with the aggressor country, it will be necessary to go through various stages, including a judicial procedure. This is in line with the Constitution, it is in line with European norms – it is not a sole decision of the state, but a judicial procedure.” 

The law stipulates that in order to go to court, the State Service of Ukraine for Ethnic Policy and Freedom of Conscience or the Ministry of Justice must submit documents and a religious expert opinion on the connection of a Ukrainian religious organization with the Russian Orthodox Church. Then such an organization is issued an order, which gives it time to break these ties. 

MP Yaroslav Yurchyshyn of the Voice faction also assures: “The document at this stage is very balanced, as it provides for a ban on activities only as a last resort and only through a court procedure. If a religious organization fails to eliminate the identified ties with the aggressor country within 9 months after the remarks of the State Service for Ethnic Policy and Freedom of Conscience, the conclusion goes to court and the ban is based on its decision. At this stage, only the Russians and their agents have reservations.” 

Yaryna Yasynevych, board member and program manager of the Center for Liberation Movement Studies, also adds: “The adoption of this law by the parliament, which was prepared with the cooperation of the opposition and the majority, as well as the declared support of the President, which gives hope for its early signing and implementation, is another important step in the de-colonization and affirmation of Ukraine’s spiritual independence. The law is important not only because of the urgent security need to limit the activities of the aggressor’s agents but also because it is a strategically correct step to protect Ukrainian citizens, their rights and freedoms. According to the Constitution, the church in Ukraine is separated from the state. But until now, one of the religious organizations has been a state organization – the Russian state. This will not be the case in the future, as it should be in a free democratic society.”

Oleksiy Haran, research director of the Ilko Kucheriv Democratic Initiatives Foundation and chairman of the board of the School of Political Analysis at the National University of Kyiv-Mohyla Academy, emphasizes: “Surveys by the Institute of Sociology showed that the number of believers of the Moscow Patriarchate has decreased to about 8-9%. A survey is a survey. Perhaps this figure is higher, but the fact is that the influence of this church has decreased tremendously. We must also comment on this event properly, because this is not a ban on the church as such. This is a ban on the activities of religious organizations associated with the aggressor country… What will the UOC-MP communities do next? Some will join the OCU, and some may not want to. And what status will they have then? In fact, this is a rather lengthy process, including some bureaucratic procedures, but this process has begun. And so it is very important”.

Russian aggression has many forms – military, informational, cultural – but also religious, said Yurii Mykytiuk, head of regional programs at the RPR Coalition: “In my opinion, the adopted draft law is certainly relevant, but also absolutely balanced in content. This is the case when the goal and means are relevant to the time and challenges for the state. Ultimately, this vote should help those Ukrainian religious organizations that put the interests of their nation and individuals first, rather than promoting Russian imperial narratives. Therefore, for me, this bill is primarily about the possibility of building a new system of relations between the church and the community, rather than just about the mechanisms of prohibition.”

As reported, on August 17, the All-Ukrainian Council of Churches and Religious Organizations stated that it supports the legislative initiative to ban the activities of religious organizations associated with the Russian Orthodox Church in Ukraine.